[§412:12-101]  Definitions.  As used inthis article, unless a different meaning is required by the context, thefollowing words and phrases shall have the following meanings:

"Acquisition of a branch" means theacquisition of a branch located in a host state, without engaging in an"interstate merger transaction" as defined in this article.

"Bank" has the meaning set forth in12 U.S.C. section 1813(h); provided that the term "bank" shall notinclude any "foreign bank" as defined in 12 U.S.C. section 3101(7),except that the term "bank" shall include any foreign bank organizedunder the laws of a territory of the United States, Puerto Rico, Guam, AmericanSamoa, or the Virgin Islands, the deposits of which are insured by the FederalDeposit Insurance Corporation.

"Bank holding company" has themeaning set forth in 12 U.S.C. section 1841(a)(1).

"Bank supervisory agency" means:

(1)  Any agency of another state with primaryresponsibility for chartering and supervising banks; and

(2)  The Office of the Comptroller of the Currency,the Federal Deposit Insurance Corporation, the Board of Governors of theFederal Reserve System, and any successor to these agencies.

"Branch" means a place of business ofa bank, other than its main office, which is open to the public and at whichdeposits are received and paid.  The term does not include an automatic tellermachine as defined in section 412:3-501.

"Control" shall be construedconsistently with 12 U.S.C. section 1841(a)(2).

"De novo branch" means a branch of abank located in a host state which:

(1)  Is originally established by the bank as abranch; and

(2)  Does not become a branch of the bank as a resultof (A) the acquisition of another bank or a branch of another bank, or (B) themerger, consolidation, or conversion involving any bank or branch.

"Foreign bank" has the meaning setforth in 12 U.S.C. section 3101(7).

"Hawaii bank" means a bank whose homestate is Hawaii.

"Hawaii state bank" means a bankchartered under the laws of Hawaii.

"Home state" means:

(1)  With respect to a state bank, the state by whichthe bank is chartered;

(2)  With respect to a national bank, the state inwhich the main office of the bank is located; and

(3)  With respect to a foreign bank, the statedetermined to be the home state of the foreign bank under 12 U.S.C. section3103(c).

"Home state regulator" means, withrespect to an out-of-state state bank, the bank supervisory agency of the statein which the bank is chartered.

"Host state" means a state, otherthan the home state of a bank, in which the bank maintains, or seeks toestablish and maintain a branch.

"Interstate merger transaction"means:

(1)  The merger or consolidation of banks withdifferent home states, and the conversion of branches of any bank involved inthe merger or consolidation into branches of the resulting bank; or

(2)  The purchase of all or substantially all of theassets (including all or substantially all of the branches) of a bank whosehome state is different from the home state of the acquiring bank.

"Out-of-state bank" means a bankwhose home state is a state other than Hawaii.

"Out-of-state state bank" means abank chartered under the laws of any state other than Hawaii.

"Resulting bank" means a bank thathas resulted from an interstate merger transaction under this article.

"State", whenever this word is usedin its uncapitalized form, means any state of the United States, the Districtof Columbia, any territory of the United States, Puerto Rico, Guam, AmericanSamoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and theNorthern Mariana Islands. [L 1996, c 155, pt of §1]